and sufficient trapdoors, hatches, fences, gates or other safeguards, and all due diligence shall be used to keep all such means of protection closed, except when it is necessary to have the same open that the same may be used.

SEC. 4. It shall be the duty of the labor commissioner, by himself Annual inspecor his duly appointed deputy, to examine as soon as may be after the tions. passage of this act, and thereafter annually and from time to time, all factories, mills, workshops, storehouses, warerooms, stores, and buildings and the machinery and appliances therein contained to which the provisions of this act are applicable for the purpose of determining whether they do conform to such provisions, and of granting or refusing certificates of approval, as hereinafter provided.

SEC. 5. Any person, firm, corporation, or association carrying on Requests for business to which the provisions of this act are applicable, shall have inspection. the right to make written request to said labor commissioner to inspect any factory, mill, or workshop, and the machinery therein used, and any storehouse, wareroom or store, which said applicant is operating, occupying or using, and to issue his certificate of approval thereof; and said labor commissioner, by himself or his deputy, shall forthwith make said inspection. Upon receiving such application the labor commissioner shall issue to the person making the same an acknowledgment that such certificate has been applied for, and thirty days after such acknowledgment by said labor commissioner, and pending the granting of such certificate, such acknowledgment shall have the same effect as such certificate, till the granting of such certificate by said labor commissioner.

SEC. 6. Any employee of any person, firm, corporation or association Duty of emshall notify his employer of any defect in or failure to guard the ma- ployees. chinery, appliances, ways, works, and plants, with which or in or about which he is working, when any such defect or failure to guard shall come to the knowledge of any said employee, and if said employer shall fail to remedy such defects then said employee may complain in writing to the labor commissioner of any such alleged defects in or failure to guard the machinery, appliances, ways, works, and plants, or any alleged violation by such person, firm, corporation or association, of any of the provisions of this act, in the machinery and appliances and premises used by such person, firm, corporation or association, and with or about which such employee is working, and upon receiving such complaint, it shall be the duty of the labor commissioner, by himself, or his deputy, to forthwith make an inspection of the machinery and appliances complained of.

SEC. 7. Whenever upon any examination or reexamination of any Certificates. factory, mill or workshop, store or building, or the machinery or appliances therein to which the provisions of this act are applicable, the property so examined and the machinery and appliances therein conform in the judgment of said labor commissioner to the requirements of this act, he shall thereupon issue to the owner, lessee, or operator of such factory, mill or workshop, or to the owner, lessee or occupant of any such storehouse, wareroom or store, a certificate to that effect, and such certificate shall be prima facie evidence as long as it continues in force of compliance on the part of the person, firm, corporation or association to whom it is issued, with the provisions of this act. Such certificates may be revoked by said labor commissioner at any time upon written notice to the person, firm, corporation, or association holding the same, whenever in his opinion, after reexamination, conditions and circumstances have so changed as to justify the revocation thereof. A copy of said certificate shall be kept posted in a conspicuous place on every floor of all factories, mills, workshops, storehouses, warerooms or store to which the provisions of this act are applicable. If, in the judgment of Orders. said labor commissioner, such factory, mill or workshop, or the machinery and appliances therein contained, or such storehouse, wareroom or store does not conform to the requirements of this act, he shall forthwith, personally or by mail, serve on the person, firm, corporation or association operating or using such machinery or appliances, or occupying such premises, a written statement of the requirements of said labor commissioner, before he will issue a certificate as herein before provided for; and upon said requirements being complied with, within a period of

Appeals.

Fees.

thirty days after said requirements have been served as aforesaid, the said labor commissioner shall forthwith issue such certificate; but if the person, firm, or corporation operating or using said machinery and appliances, or occupying such premises, shall consider the requirements of said labor commissioner unreasonable and impracticable or unneces sarily expensive, he may, within ten days after the requirements of said labor commissioner have been served upon him, appeal therefrom or from any part thereof, to three arbitrators, to whom shall be submitted the matters and things in dispute, and their findings shall be binding upon said applicant and upon the labor commissioner. Such appeal shall be in writing, addressed to the labor commissioner, and shall set forth the objection to his requirements, or any part thereof, and shall mention the name of one person who will serve as the representative of said applicant calling for arbitration. Immediately upon receipt of such notice of appeal, it shall be the duty of the labor commissioner to appoint a competent person as arbitrator, resident in the county from which such appeal comes, and to notify such person so selected and also the party appealing, stating the cause for arbitration, and the place, date and time of meeting. These two arbitrators shall select a third, and as soon thereafter as practicable, give a hearing on the matter of said appeal, and the findings of these arbitrators, by a majority vote, shall be reported to the labor commissioner, and to the applicant, and shall be binding upon each. The expense of such arbitration shall be borne by the party calling for the arbitration; and if said arbitrators sustain the requirements of said labor commissioner or any part thereof, said applicant shall, wthin thirty days, comply with the findings of said arbitrators, and thereupon said labor commissioner shall issue his certificate as herinbefore provided (in section 4 of this act); but if said arbitrators shall sustain such appeal or any part thereof, the same shall be binding upon said labor commissioner; and any such person, firm, corporation or association shall, within thirty days after the findings of the board of arbitrators, comply with the requirements of the labor commissioner, as amended by said arbitrators, if so amended as herein provided for, and thereupon said labor commissioner shall forthwith issue to any such person, firm, corporation or association his certificate as provided for in section 4 of this act: Provided, however, That before any certificate shall be issued by said labor commissioner as provided in this act, the person, firm, corporation or association which has complied with the provisions of this act shall pay to the treasurer of the State of Oregon an annual fee of $10 for each place of business operated by him, and which may be inspected under the provisions of this act, and take his receipt therefor. The payment of the said annual fee of $10 is hereby required and made obligatory: Provided, That any person, firm, corporation or association, employing not to exceed five persons, shall pay the fee of $5. The State treasurer shall issue his receipt for all moneys so received. Upon presentation of said receipt to said labor commissioner, he shall forthwith issue said certificate as in this act provided. Said fee shall entitle the person, firm, corporation or association, paying the same, to any and every inspection of any factory, mill, workshop, storehouse, wareroom, or store, and the machinery and appliances contained in any such premises, owned or operated by the party paying said fee, that may be necessary, for a period of one year subsequent to its payment, and all moneys collected for licenses and fines, under the provisions of this act, shall be paid into the State treasury, and be converted into a special factory inspection fund, from which special fund shall be paid the deputy labor commissioners required to enforce the provisions of this act, and also to pay one clerk, which the labor commissioner is hereby authorized to employ, if he deems it necessary, and said special fund is hereby appropriated for such payment. Each of said deputy labor commissioners shall be paid $4 per day and actual traveling expenses for the time during which he is actually employed under the terms hereof from the special factory inspection fund, upon the presentation of youchers properly signed by the labor commissioner, in the same manner in which other employees of the State are paid.

Violations.

SEC. 8. Any person, firm, corporation or association who violates or omits to comply with any of the foregoing requirements or provisions of this act, and such violation or omission shall be the approximate cause of any injury to any employee, shall be liable in damages to any Liability. employee who sustains injuries by reason thereof: Provided, The amount of damages which any one person may recover in an action for or [on] account of injuries received by reason of any alleged violation of any of the provisions of this act, is hereby expressly limited to the sum of $7,500.

SEC. 9. No action for the recovery of compensation for injury under Action. this act shall be maintained unless notice of the time, place and cause of injury is given to the employer within six months, and the action is commenced within one year from the occurrence of the accident causing the injury. The notice required by this section shall be in writing, signed by the person injured, or by some one in his behalf; but if from mental or physical incapacity it is impossible for the person injured to give the notice within the time provided in this section, he may give the same within ninety days after such incapacity is removed; and in case of his death without having given the notice because of mental or physical incapacity, his executor or administrator may give such notice within thirty days after his appointment.

SEC. 10. Any person, firm, corporation or association who violates Penalty. or fails to comply with any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $25 nor more than $100.

SEC. 11. A copy of this act, together with the name and address of Law the labor commissioner, printed in a legible manner, shall be kept posted. posted in a conspicuous place on each floor of every factory, mill, workshop, storehouse, wareroom or store, and at the office of every public and private work to which the provisions of this act are applicable. The labor commissioners shall supply such operators, owners, lessees or occupants with a sufficient number of said copies to enable such persons to comply with this section.

to be

SEC. 12. Wherever in this act the term labor commissioner or com- Definition. missioner of labor is used, it shall be understood to mean the commissioner of labor statistics and inspector of factories and workshops.

PENNSYLVANIA.

BRIGHTLY'S PURDON'S DIGEST-1895.

Factories and workshops-Inspection, etc.
(Page 865.)

SECTION 14. The governor shall, immediately after the passage of Inspector. this act, appoint, with the advice and consent of the senate, a factory inspector, at a salary of three thousand dollars per year, whose term of office shall be three years, at the expiration of which the governor shall appoint his successor. The said inspector shall be empowered Duties. to visit and inspect at all reasonable hours and as often as practicable, the factories, workshops and other establishments in the State employing women and children. It shall also be the duties of said inspector to enforce the provisions of this act and to prosecute all violations of the same before any magistrate or any court of competent jurisdiction in the State. It shall be the duty of the factory inspector Reports. to report to the governor, on or before the thirtieth day of November of each year, the names of factories inspected, the number of hands employed in each, the maximum number of hours' work performed each week. Of these reports five thousand shall be published, five hundred of which shall be furnished to the governor, two thousand to the house of representatives, one thousand to the senate, and fifteen hundred to the factory inspector's department.

SEC. 15. All necessary expenses incurred by said inspector in the Expenses. discharge of his duty shall be paid from the funds of the State, upon the presentation of proper vouchers for the same: Provided, That not more than four thousand dollars shall be expended by him therefor in any one year.

Hoisting shafts, etc.

SEC. 16. It shall be the duty of the owner, agent or lessee of any such factory, manufacturing or mercantile establishment, where hoisting shafts or wellholes are used, to cause the same to be properly and substantially inclosed or secured, if, in the opinion of the inspector, it is necessary to protect the life or limbs of those employed in such establishments. It shall be the duty of the owners, agent or lessee, to provide, or cause to be provided, such proper trap or automatic doors so fastened in or at all elevator ways as to form a substantial surface when closed, and so constructed as to open and close by action of the elevator in its passage either ascending or descending. shifters, SEC. 17. It shall also be the duty of the owner of such factory, mercantile industry or manufacturing establishment, or his agent, superintendent or other person in charge of the same, to furnish and supply, or cause to be furnished and supplied, in the discretion of the inspector, where dangerous machinery is in use, automatic shifters, or other mechanical contrivances, for the purpose of throwing on or off belts Cleaning mov-or pulleys. And no minor under sixteen years of age shall be allowed ing machinery. to clean machinery while in motion. All gearing and belting shall be provided with proper safeguard.

Belt

etc.

Accidents.

Wash

etc.

Time

meals.

Defective ditions.

rooms,

SEC. 18. It shall be the duty of the owner or superintendent to report, in writing, to the factory inspector all accidents or serious injury done to any person employed in such factory within twentyfour hours after the accident occurs, stating as fully as possible the cause of such injury.

SEC. 19. A suitable and proper wash and dressing room and waterclosets shall be provided for females, where employed, and the waterclosets used by females shall not adjoin those used by males, but shall be built entirely away from them, and shall be properly screened and ventilated and at all times kept in a clean condition. for SEC. 20. Not less than forty-five minutes shall be allowed for the noonday meal in any manufacturing establishment in this State. The factory inspector, his assistant or any of his deputies, shall have power to issue permits in special cases, allowing a shorter mealtime at noon, and such permit must be conspicuously posted in the main entrance of the establishment, and such permit may be revoked at any time the inspector deems necessary, and shall only be given where good cause can be shown.

con

SEC. 21. If the inspector of factories finds that the heating, lighting. ventilation or sanitary arrangement of any shop, or factory, is such as to be injurious to the health of persons employed therein, or that the means of egress in case of fire or other disaster is not sufficient or in accordance with all the requirements of law, or that the belting, shafting, gearing, elevators, drums and machinery, in shops and factories are located so as to be dangerous to employees and not sufficiently guarded, or that the vats, pans or structures filled with molten metal or hot liquid are not surrounded with proper safeguards for preventing acciNotice of al-dent or injury to those employed at or near them, he shall notify the proprietor of such factory or workshop to make the alterations or additions necessary within sixty days, and any factory requiring exits or other safeguards provided for in fire escape law in case of fire, the same shall be erected by order of factory inspector regardless of the exemption granted by any board of county commissioners, fire marshals or other authorities, and if such alterations and additions are not made within sixty days from the date of such notice, or within such time as said alterations can be made with proper diligence upon the part of such proprietors, said proprietors or agents shall be deemed guilty of violating the provisions of this act.

terations.

Deputy inspectors.

SEC. 22. The factory inspector, now or hereafter appointed under and by virtue of the provisions of this law, is hereby authorized to appoint such number of persons as in his judgment may be deemed necessary, not exceeding twelve, five of whom shall be females, who shall be known as deputy factory inspectors, either or any one or more of whom may be appointed to act as clerk in the main office, and whose duties it shall be to enforce the provisions of this act and of the several acts relating to factories and manufacturing establishments. The powers of said deputies shall be the same as the powers of the factory inspector, subject to the supervision and direction of the factory in

spector.

SEC. 23. The traveling expenses of each of said deputies shall be Expenses, etc. approved by the inspector and audited by the auditor general of the State before payment, and said deputy inspectors shall have an annual salary of twelve hundred dollars, to be paid monthly by the treasurer

of the State out of any moneys not otherwise appropriated.

SEC. 24. Said factory inspector shall have power to divide the Inspection disState into districts and to assign one of said deputies to each district, tricts. and may transfer any of the deputies to other districts in case the best

interests of the State require it. The inspector shall have the power Removal of of removing any of the deputy inspectors at any time. deputies.

SEC. 25. An office shall be furnished in the capitol, as soon as prac- Office. ticable, which shall be set apart for the use of the factory inspector. The factory inspector and his deputies shall have the same power to administer oaths or affirmations as is now given to notaries public in minister oaths. cases where persons desire to verify documents connected with the

proper enforcement of this act.

Power to ad

SEC. 26. Any person who violates any of the provisions of this act, Penalty.

or who suffers or permits any child or female to be employed in viola

tion of its provisions, shall be deemed guilty of a misdemeanor, and on

conviction, shall be punished by a fine of not more than five hundred

dollars.

SEC. 27. A printed copy of this act shall be furnished by the inspec- Copy of act to tor for each workroom of every factory, manufacturing or mercantile be posted. house, where persons are employed who are affected by the provisions

of this act, and it shall be the duty of the employer of the people employed therein to post and keep posted said printed copy of the law in each room.

The attorney-general has decided that this act does not apply to factories wherein men only are employed.

Fire escapes on factories, etc.

(Page 914.)

*

and

vided on cer

SECTION 1. In addition to the means of escape required in section Chains one [now secs. 10 to 14, below], of the act to which this is a supplement, ropes to be proit shall be the duty of the owner or owners, in fee or for life, of every tain buildings. building constructed more than two stories high and used or intended to be used as a hotel, factory, manufactory, workshop, * * and of the trustee or trustees of every estate, association, society, * * * owning or using any building constructed more than two stories high and used, or intended to be used, for any of said purposes, * * * to provide and cause to be securely affixed to a bolt through the wall over the window head, inside of at least one window in each room on the third floor, and in each room on each higher floor, of every such building, a chain at least ten feet in length, with a rope at least one inch in diameter, securely attached thereto, of sufficient length to extend to the ground, or such other appliances as may be approved by the board of fire commissioners of any city or county having a board of fire commissioners, or by the county commissioners of any county where there is no board of fire commissioners.

SEC. 2. When the third floor or any higher floor of any such building When floor is is not subdivided into rooms, then at least six windows of each of such not subdivided. floors shall be provided with such chains and ropes, or such other appliances as may be approved by any board of fire commissioners, or by the county commissioners of any county where no board of fire commissioners shall exist.

windows.

SEC. 3. Whenever any room on the third floor, or on any higher floor Rooms with of any such building, shall contain more than three windows, then at more than three least one window out of every three windows in every such room, shall be provided with such chain and rope, or other such appliances as may be approved by any board of fire commissioners, or by the county commissioners of any county having no board of fire commissioners.

Position of

SEC. 4. Each of such ropes shall be coiled and kept in an unlocked box, in an unobstructed place, near the inside sill of the window to ropes. which such rope is attached.